Act 46 of 1950

The Army Act, 1950

An Act to consolidate and amend the law relating to the Government of the regular Army.

  • Ministry of Defence
  • Department of Military Affairs
  • Enacted 1950-05-20
  • 198 sections
SectionTitle
1 Short title and commencement. Read
2 Persons subject to this Act. Read
3 Definitions. Read
4 Application of Act to certain forces under Central Government. Read
5 [Omitted.]. Read
6 Special provision as to rank in certain cases. Read
7 Commanding officer of persons subject to military law under clause (i) of section 2. Read
8 Officers exercising powers in certain cases. Read
9 Power to declare persons to be on active service. Read
10 Commission and appointment. Read
11 Ineligibility of aliens for enrolment. Read
12 Ineligibility of females for enrolment or employment. Read
13 Procedure before enrolling officer. Read
14 Mode of enrolment. Read
15 Validity of enrolment. Read
16 Persons to be attested. Read
17 Mode of attestation. Read
18 Tenure of service under the Act. Read
19 Termination of service by Central Government. Read
20 Dismissal, removal or reduction by the Chief of the Army Staff and by other officers. Read
21 Power to modify certain fundamental rights in their application to persons subject to this Act. Read
22 Retirement, release or discharge. Read
23 Certificate on termination of service. Read
24 Discharge or dismissal when out of India. Read
25 Authorised deductions only to be made from pay. Read
26 Remedy of aggrieved persons other than officers. Read
27 Remedy of aggrieved officers. Read
28 Immunity from attachment. Read
29 Immunity from arrest for debt. Read
30 Immunity of persons attending courts-martial from arrest. Read
31 Privileges of reservists. Read
32 Priority in respect of army personnel‟s litigation. Read
33 Saving of rights and privileges under other laws. Read
34 Offences in relation to the enemy and punishable with death. Read
35 Offences in relation to the enemy and not punishable with death. Read
36 Offences punishable more severely on active service than at other times. Read
37 Mutiny. Read
38 Desertion and aiding desertion. Read
39 Absence without leave. Read
40 Striking or threatening superior officers. Read
41 Disobedience to superior officer. Read
42 Insubordination and obstruction. Read
43 Fraudulent enrolment. Read
44 False answers on enrolment. Read
45 Unbecoming conduct. Read
46 Certain forms of disgraceful conduct. Read
47 Ill-treating a subordinate. Read
48 Intoxication. Read
49 Permitting escape of person in custody. Read
50 Irregularity in connection with arrest or confinement. Read
51 Escape from custody. Read
52 Offences in respect of property. Read
53 Extortion and corruption. Read
54 Making away with equipment. Read
55 Injury to property. Read
56 False accusations. Read
57 Falsifying official documents and false declaration. Read
58 Signing in blank and failure to report. Read
59 Offences relating to courts-martial. Read
60 False evidence. Read
61 Unlawful detention of pay. Read
62 Offences in relation to aircraft and flying. Read
63 Violation of good order and discipline. Read
64 Miscellaneous offences. Read
65 Attempt. Read
66 Abetment of offences that have been committed. Read
67 Abetment of offences punishable with death and not committed. Read
68 Abetment of offences punishable with imprisonment and not committed. Read
69 Civil offences. Read
70 Civil offence not triable by court-martial. Read
71 Punishments awardable by courts-martial. Read
72 Alternative punishments awardable by court-martial. Read
73 Combination of punishments. Read
74 Cashiering of officers. Read
75 [Omitted.]. Read
76 [Omitted.]. Read
77 Result of certain punishments in the case of a warrant officer or non-commissioned officer. Read
78 Retention in the ranks of a person convicted on active service. Read
79 Punishments otherwise than by court-martial. Read
80 Punishment of persons other than officers, junior commissioned officers and warrant officers. Read
81 Limit of punishments under section 80. Read
82 Punishments in addition to those specified in section 80. Read
83 Punishment of officers, junior commissioned officers and warrant officers by brigade commanders and others. Read
84 Punishment of officers, junior commissioned officers and warrant officers by area commanders and others. Read
85 Punishment of junior commissioned officers. Read
86 Transmission of proceedings. Read
87 Review of proceedings. Read
88 Superior military authority. Read
89 Collective fines. Read
90 Deductions from pay and allowances of officers. Read
91 Deductions from pay and allowances of persons other than officers. Read
92 Computation of time of absence or custody. Read
93 Pay and allowances during trial. Read
94 Limit of certain deductions. Read
95 Deduction from public money due to a person. Read
96 Pay and allowances of prisoner of war during inquiry into his conduct. Read
97 Remission of deductions. Read
98 Provision for dependants of prisoner of war from remitted deductions. Read
99 Provision for dependants of prisoner war from his pay and allowances. Read
100 Period during which a person is deemed to be a prisoner of war. Read
101 Custody of offenders. Read
102 Duty of commanding officer in regard to detention. Read
103 Interval between committal and court-martial. Read
104 Arrest by civil authorities. Read
105 Capture of deserters. Read
106 Inquiry into absence without leave. Read
107 Provost-marshals. Read
108 Kinds of courts-martial. Read
109 Power to convene a general court-martial. Read
110 Power to convene a district court-martial. Read
111 Contents of warrants issued under sections 109 and 110. Read
112 Power to convene a summary general court-martial. Read
113 Composition of general court-martial. Read
114 Composition of district court-martial. Read
115 Composition of summary general court-martial. Read
116 Summary court-martial. Read
117 Dissolution of courts-martial. Read
118 Powers of general and summary general courts-martial. Read
119 Powers of district courts-martial. Read
120 Powers of summary courts-martial. Read
121 Prohibition of second trial. Read
122 Period of limitation for trial. Read
123 Liability of offender who ceases to be subject to Act. Read
124 Place of trial. Read
125 Choice between criminal court and court-martial. Read
126 Power of criminal court to require delivery of offender. Read
127 [Omitted.]. Read
128 Presiding officer. Read
129 Judge advocate. Read
130 Challenges. Read
131 Oaths of member, judge advocate and witness. Read
132 Voting by members. Read
133 General rule as to evidence. Read
134 Judicial notice. Read
135 Summoning witnesses. Read
136 Documents exempted from production. Read
137 Commissions for examination of witnesses. Read
138 Examination of a witness on commission. Read
139 Conviction of offence not charged. Read
140 Presumption as to signatures. Read
141 Enrolment paper. Read
142 Presumption as to certain documents. Read
143 Reference by accused to Government officer. Read
144 Evidence of previous convictions and general character. Read
145 Lunacy of accused. Read
146 Subsequent fitness of lunatic accused for trial. Read
147 Transmission to Central Government of orders under section 146. Read
148 Release of lunatic accused. Read
149 Delivery of lunatic accused to relatives. Read
150 Order for custody and disposal of property pending trial. Read
151 Order for disposal of property regarding which offence is committed. Read
152 Powers of court-martial in relation to proceedings under this Act. Read
153 Finding and sentence not valid, unless confirmed. Read
154 Power to confirm finding and sentence of general court-martial. Read
155 Power to confirm finding and sentence of district court-martial. Read
156 Limitation of powers of confirming authority. Read
157 Power to confirm finding and sentence of summary general court-martial. Read
158 Power of confirming authority to mitigate, remit or commute sentences. Read
159 Confirming of findings and sentences on board a ship. Read
160 Revision of finding or sentence. Read
161 Finding and sentence of a summary court-martial. Read
162 Transmission of proceedings of summary court-martial. Read
163 Alteration of finding or sentence in certain cases. Read
164 Remedy against order, finding or sentence of court-martial. Read
165 Annulment of proceedings. Read
166 Form of sentence of death. Read
167 Commencement of sentence of transportation or imprisonment. Read
168 Execution of sentence of transportation. Read
169 Execution of sentence of imprisonment. Read
169A Period of custody undergone by the officer or person to be set off against the imprisonment. Read
170 Temporary custody of offender. Read
171 Execution of sentence of imprisonment in special cases. Read
172 Conveyance of prisoner from place to place. Read
173 Communication of certain orders to prison officers. Read
174 Execution of sentence of fine. Read
175 Establishment and regulation of military prisons. Read
176 Informality or error in the order or warrant. Read
177 Power to make rules in respect of prisons and prisoners. Read
178 Restriction of rulemaking power in regard to corporal punishment. Read
179 Pardon and remission. Read
180 Cancellation of conditional pardon, release on parole or remission. Read
181 Reduction of warrant officer or non-commissioned officer. Read
182 Suspension of sentence of transportation or imprisonment. Read
183 Orders pending suspension. Read
184 Release on suspension. Read
185 Computation of period of suspension. Read
186 Order after suspension. Read
187 Reconsideration of case after suspension. Read
188 Fresh sentences after suspension. Read
189 Scope of power of suspension. Read
190 Effect of suspension and remission on dismissal. Read
191 Power to make rules. Read
192 Power to make regulations. Read
193 Publication of rules and regulations in Gazette. Read
193A Rules and regulations to be laid before Parliament. Read
194 [Repealed.]. Read
195 [Omitted.]. Read
196 [Omitted.]. Read
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